REGCjvF.- 0
CLERK'S
OFFICE
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
JA
N
,
0i
PEOPLE OF THE STATE OF ILLINOIS,
)
Pollution
STATE
I
control
Board
omplainant,
)
d
(3
v
.
)
PCB No
.
VILLAGE OF HAINESVILLE, an Illinois
) (Enforcement-Public
municipal corporation,
)
Water Supply)
Respondent
.
)
NOTICE OF FILING
TO : Adam B . Simon
Ancel, Glink, Diamond, Bush, DiCianni & Rolek, P .C
.
Attorney for Respondent
415 West Washington Street
Waukegan, Illinois 60085
PLEASE TAKE NOTICE that I have today filed the Complaint,
Stipulation and Proposal for Settlement, and Motion to Request
Relief from Hearing Requirement with the Office of the Clerk of
the Illinois Pollution Control Board, a true and correct copy of
which is attached hereto and herewith served upon you . Pursuant
to 35 Ill . Adm. Code 103 .204(f), I am required to state that
failure to file an answer to this Complaint within 60 days may
have severe consequences . Failure to answer will mean that all
allegations in the Complaint will be taken as if admitted for
purposes of this proceeding . If you have any questions about
this procedure, you should contact the hearing officer assigned
to this proceeding, the Clerk's Office or an attorney
.
PEOPLE OF THE STATE OF ILLINOIS,
by LISA MADIGAN, Attorney General
of the State of Illinois
BY
:
Date : January 20, 2006
./
STEP N J SY ESTE
Assistant At orney eneral
Environmental Bureau
188 West Randolph St ., Suite 2001
Chicago, Illinois 60601
(312) 814-2087
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
v
.
PCB No
.
RECEIVED
CLERKS OFFICE
JAN 2 0 2006
STATE OF ILLINOIS
Pollution Control Board
VILLAGE OF HAINESVILLE, an Illinois
(Enforcement-Public
municipal corporation,
Water Supply)
Respondent
.
COMPLAINT
Complainant, PEOPLE OF THE STATE OF ILLINOIS, by LISA
MADIGAN, Attorney General of the State of Illinois, complains of
Respondent, VILLAGE OF HAINESVILLE, an Illinois municipal
corporation, as follows
:
COUNT I
CONSTRUCTION WITHOUT A PERMIT
1 . This count is brought by LISA MADIGAN, Attorney General
of the State of Illinois, on her own motion and at the request
of the Illinois Environmental Protection Agency ("Illinois EPA")
pursuant to Section 31 of the Environmental Protection Act,
("Act"),
415 ILCS 5/31 (2004)
.
2 . The Illinois EPA is an administrative agency of the
State of Illinois, created pursuant to Section 4 of the Act, 415
ILCS 5/4 (2004), and is charged inter alia, with the duty of
enforcing the Act
.
3
.
At all times relevant to this Complaint,
Respondent
VILLAGE OF HAINESVILLE ("Hainesville") was and is an Illinois
municipal corporation, duly authorized and operating under the
laws of the State of Illinois . Hainesville is located in Lake
County, Illinois
.
4
.
At all times relevant to this complaint, Hainesville
was the owner, operator, and official custodian of its potable
water supply and distribution system ("Hainesville Water
Supply")
.
5
.
The Hainesville Water Supply maintains two wells used
for obtaining raw water for its potable water distribution
system. Raw water from both wells is chlorinated for
disinfection, fluoridated and stored in a 93,000 gallon ground
storage tank, from which finished water is pumped to the
distribution system and/or a 400,000 gallon elevated storage
tank . The Hainesville Water Supply serves a population of
approximately 793 people
.
6
.
Respondent's operation of the potable water supply is
subject to the Act and the Rules and Regulations promulgated by
the Illinois Pollution Control Board ("Board") and the Illinois
EPA. The Board's regulations for public water supplies are
found in title 35, Subtitle F, Chapter I of the Illinois
Administrative Code ("Board Public Water Supply Regulations"),
and the Illinois EPA rules and regulations for public water
2
supplies are found in Title 35, Subtitle F, Chapter II of the
Illinois Administrative Code ("Illinois EPA Public Water Supply
Regulations")
.
7
.
Section 15(a) of the Act, 415 ILCS 5/15(a) (2004),
provides as follows
:
(a) Owners of public water supplies, their
authorized representative, or legal custodians,
shall submit plans and specifications to the
Agency and obtain written approval before
construction of any proposed public water supply
installations, changes, or additions is started
.
Plans and specifications shall be complete and of
sufficient detail to show all proposed
construction, changes, or additions that may
affect sanitary quality, mineral quality, or
adequacy of the public water supply ; and, where
necessary, said plans and specifications shall be
accompanied by supplemental data as may be
required by the Agency to permit a complete
review thereof
.
8
.
Section 18(a) of the Act, 415 ILCS 5/18(a) (2004),
provides as follows
:
a
.
No person shall
:
1
.
Knowingly cause, threaten or allow the
distribution of water from any public water
supply of such quality or quantity as to be
injurious to human health ; or
2
.
Violate regulations or standards adopted by
the Agency pursuant to section 15 (b) of
this Act or by the Board under this Act ; or
3
.
Construct, install or operate any public
water supply without a permit granted by the
Agency, or in violation of any condition
imposed by such a permit
.
3
9
.
Section 602 .101(a)
of the Board Public Water Supply
Regulations, 35
Ill
. Adm .
Code 602 .101(a), provides as follows
:
(a)
No person shall cause or allow the construction
of any new public water supply installation or
cause or allow the change of or addition to any
existing public water supply, without a
construction permit issued by the Environmental
Protection Agency (Agency) . Public water supply
installation, change, or addition shall not
include routine maintenance, service pipe
connections, hydrants and valves, or replacement
of equipment, pipe, and appurtenances with
equivalent equipment, pipe, and appurtenances
.
10 . Section 652 .101(a) of the Illinois EPA Public Water
Supply Regulations, 35 Ill . Adm . Code 652 .101(a), provides as
follows
:
Construction Permit Requirements
a)
Construction permits shall be obtained by the
official custodian of a community water supply
prior to beginning construction of any proposed
community water supply and prior to all
alterations, changes or additions to an existing
community water supply which may affect the
sanitary quality, mineral quality or adequacy of
the supply including changes pursuant to 35 Ill
.
Adm. Code 653 .115
.
11 . Section 602 .116 of the Board Public Water Supply
Regulations, 35 Ill . Adm . Code 602 .116, provides as follows
:
Requirement for As-Built Plans
Whenever a supply has been constructed without a
construction permit, the Agency may require submission
of as-built plans prepared by a qualified person as
described in Section 602 .105(c) . Any deficiencies
requiring correction as determined by the Agency must
be corrected within a time limit set by the Agency
.
This does not relieve the owner or official custodian
4
from any liability for construction of the supply
without a permit
.
12
.
Sections
3 .315 and
3 .365 of the Act,
415 ILCS 5/3 .315
and
3 .365 (2004),
respectively, provide the following
definitions
:
"PERSON" is any individual, partnership, co-
partnership, firm, company, limited
liability company, corporation, association,
joint stock company, trust, estate,
political subdivision, state agency, or any
other legal entity, or their legal
representative, agent or assigns
.
"PUBLIC WATER SUPPLY" means all mains, pipes
and structures through which water is
obtained and distributed to the public,
including wells and well structures, intakes
and cribs, pumping stations, treatment
plants, reservoirs, storage tanks and
appurtenances, collectively or severally,
actually used or intended for use for the
purpose of furnishing water for drinking or
general domestic use and which serve at
least
15 service connections or which
regularly serve at least
25 persons at least
60 days per year. A public water supply is
either a "community water supply" or a "non-
community water supply"
.
13
.
Respondent is a "person" as that term is defined in
Section
3 .315 of the Act,
415
ILCS 5/3 .315
(2004)
.
14
.
The Hainesville Water Supply is a "Public Water
Supply"
("PWS")
as that term is defined in Section
3 .365 of the
Act,
415 ILCS 5/3 .365
(2004)
.
15
.
Some time prior to May
25,
2004,
on a date better
known to Respondent, Respondent caused or allowed the
5
installation of a fluoride feed system at Well #1 at the
Hainesville PWS, without submission of any plans and
specifications to the Illinois EPA and without an Illinois EPA-
issued construction permit
.
16 . In addition, some time prior to May 25, 2004, on a
date better known to Respondent, Respondent caused or allowed
the construction and completion of well #2 at the Hainesville
PWS, without submission of any plans and specifications to the
Illinois EPA and without an Illinois EPA-issued construction
permit
.
17 . On March 23, 2005, Hainesville, applied for an as-
built construction permit for the installation of its fluoride
feed system at Well #1 and the completion and installation of
Well #2 at its PWS, and submitted, for the first time, plans and
specifications to the Illinois EPA . On September 9, 2005, the
Illinois EPA approved Respondent's as-built plans for the
improvements to Wells #1 and #2
.
18 . Respondent, by its actions as alleged herein, has
violated Sections 15(a) and 18(a) of the Act, 415 ILCS 5/15(a)
and 18(a) (2004), and Section 602 .101(a) of the Board
Regulations for Public Water Supplies and Section 652 .101(a) of
the Illinois EPA Public Water Supply Regulations, 35 Ill . Adm
.
Code 602 .101(a) and 652 .101(a)
.
6
WHEREFORE, Complainant,
PEOPLE OF THE STATE OF ILLINOIS,
respectfully requests that the Board enter an order against the
Respondent, VILLAGE OF HAINESVILLE, on Count I
:
1 . Authorizing a hearing in this matter at which time the
Respondent will be required to answer the allegations herein
;
2 . Finding that the Respondent has violated Sections 15(a)
and 18(a) of the Act, 415 ILCS 5/15(a) and 18(a) (2004), and 35
Ill . Adm. Code 602 .101 and 652 .101(a)
;
3 . Ordering the Respondent to cease and desist from any
further violations of Sections 15(a) and 18(a) of the Act, 415
ILCS 5/15(a) and 18(a) (2004), and 35 Ill . Adm. Code 602 .101 and
652 .101(a)
;
4 . Assessing a civil penalty of Fifty Thousand Dollars
($50,000 .00) against the Respondent for each violation of the
Act and pertinent regulations, and an additional civil penalty
of Ten Thousand Dollars ($10,000 .00) for each day of each
violation
;
5 . Ordering the Respondent to pay all costs, pursuant to
Section 42(f) of the Act, including attorney, expert witness,
and consultant fees expended by the State in its pursuit of this
action; and
6 . Granting such other relief as the Board deems
appropriate and just
.
7
COUNTII
THREATENING A CROSS CONNECTION
1-10 . Complainant realleges and incorporates by reference
herein paragraphs 1 through 6, paragraph 8, and paragraphs 12
through 14 of Count I as paragraphs 1 through 10 of this Count
II
.
11. Section 602 .115(a) of the Board Public Water Supply
Regulations, 35 Ill . Adm. Code 602 .115(a), provides as follows
:
Design, Operation, and Maintenance Criteria
a)
The Agency may adopt criteria in rules for the
design, operation, and maintenance of public
water supply facilities as necessary to insure
safe, adequate, and clean water. These criteria
shall be revised from time to time to reflect
current engineering judgment and advances in the
state of the art
.
12 . Pursuant to Section 602 .115(a) of the Board Public
Water Supply regulations, 35 Ill . Adm. Code 602 .115(a), the
Illinois EPA adopted the Great Lakes Upper Mississippi River
Board of State Sanitary Engineers' Recommended Standards for
Water Works ("Recommended Standards for Water Works")
.
13 . Section 607 .104 of the Board Public Water Supply
Regulations, 35 Ill . Adm. Code 607 .104, provides, in pertinent
part, as follows
:
Cross Connections
8
b)
There shall be no arrangement or connection by which an
unsafe substance may enter a supply
.
c)
Control of all cross-connections to a supply is the
responsibility of the owner or official custodian of
the supply
.
.
.
.
14 . Section 7 .0 .6 of the Recommended Standards for Water
Works, titled,
overflow,
provides, in pertinent part, as
follows
:
All water storage structures shall be provided with an
overflow which is brought down to an elevation between
12 and 24 inches above the ground surface
.
.
.
15 . From at least May 25, 2004 through November 2004, on
dates better known to Respondent, Respondent failed to provide a
distance of between 12 and 24 inches between its finished water
storage tank overflow pipe and the ground
.
16 . By failing to provide a distance of between 12 and 24
inches between its finished water storage tank overflow pipe and
the ground, Respondent created an arrangement whereby an unsafe
substance could enter its finished water supply, thereby
threatening a cross connection
.
17 . By its actions alleged herein, Respondent violated
Section 18(a) of the Act, 415 ILCS 5/18(a) (2004), and Section
607 .104 of the Board Public Water Supply Regulations, 35 Ill
.
Adm. Code 607 .104, and the Recommended Standards for Water Works
7 .0 .6
.
9
WHEREFORE,
Complainant,
PEOPLE OF THE STATE OF ILLINOIS,
respectfully requests that the Board enter an order against the
Respondent, VILLAGE OF HAINESVILLE, on Count II
:
1 . Authorizing a hearing in this matter at which time the
Respondent will be required to answer the allegations herein
;
2 . Finding that the Respondent has violated Section 18(a)
of the Act, 415 ILCS 5/18(a) (2004), and Section 607 .104 of the
Board Public Water Supply Regulations, 35 Ill . Adm. Code
607 .104, and the Recommended Standards for Water Works
7 .0 .6
.
;
3 . Ordering the Respondent to cease and desist from any
further violations of Section 18(a) of the Act, 415 ILCS 5/18(a)
(2004), and Section 607 .104 of the Board Public Water Supply
Regulations, 35 Ill . Adm. Code 607 .104, and the Recommended
Standards for Water Works
7 .0 .6
.
;
4 . Assessing a civil penalty of Fifty Thousand Dollars
($50,000 .00) against the Respondent for each violation of the
Act and pertinent regulations, and an additional civil penalty
of Ten Thousand Dollars ($10,000 .00) for each day of each
violation
;
5 . Ordering the Respondent to pay all costs, pursuant to
Section 42(f) of the Act, including attorney, expert witness,
and consultant fees expended by the State in its pursuit of this
action; and
1 0
6
.
Granting such other relief as the Board deems
appropriate and just
.
BY
:
OFCOUNSEL
:
STEPHEN J . SYLVESTER
Assistant Attorney General
Environmental Bureau
188 W. Randolph Street, 20th
Chicago, IL 60601
(312)814-2087
PEOPLE OF THE STATE OF ILLINOIS,
LISA MADIGAN,
Attorney General of the State
of Illinois
MATTHEW J . DUNN, Chief
Environmental Enforcement/
Asbestos Litigation Division
RO
C ZEAU,
Environmental Burea
Assistant Attorney General
Floor
1
1
RECEIVED
CLERK'S OFFICE
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
JAN 2
0 2006
STATE OF ILLINOIS
Pollution Control Board
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
v
.
PCB No
.
VILLAGE OF HAINESVILLE, an Illinois
(Enforcement-Public
municipal corporation,
Water Supply)
Respondent
.
MOTION TOREQUEST RELIEF FROM HEARING REQUIREMENT
NOW COMES the Complainant, PEOPLE OF THE STATE OF ILLINOIS,
by LISA MADIGAN, Attorney General of the State of Illinois, and
requests relief from the hearing requirement in the above-
captioned matter . In support thereof, the Complainant states as
follows
:
1
.
On January 20, 2006 a Complaint was filed with the
Illinois Pollution Control Board ("Board") in this matter . On
January 20, 2006, a Stipulation and Proposal for Settlement was
filed with the Board
.
2
.
Section 31(c)(2) of the Illinois Environmental
Protection Act
("Act"),
415 ILCS 5/31(c)(2) (2004), effective
August 1, 1996, allows the parties in certain enforcement cases
to request relief from the mandatory hearing requirement where
the parties have submitted to the Board a stipulation and
proposal for settlement
.
3
.
Section 31(c)(2)
of the Act, 415 5/31(c)(2) (2004),
provides as follows
:
Notwithstanding the provisions of subdivision (1) of
this subsection
(c), whenever a complaint has been
filed on behalf of the Agency or by the People of the
State of Illinois, the parties may file with the Board
a stipulation and proposal for settlement accompanied
by a request for relief from the requirement of a
hearing pursuant to subdivision
(1)
.
Unless the
Board, in its discretion, concludes that a hearing
will be held, the Board shall cause notice of the
stipulation, proposal and request for relief to be
published and sent in the same manner as is required
for hearing pursuant to subdivision (1) of this
subsection. The notice shall include a statement that
any person may file a written demand for hearing
within 21 days after receiving the notice . If any
person files a timely written demand for hearing, the
Board shall deny the request for relief from a hearing
and shall hold a hearing in accordance with the
provisions of subdivision
(1)
.
4
.
No hearing is currently scheduled in the instant case
.
2
5
.
The Complainant requests the relief conferred by
Section 31(c)(2) of the Act, 415 ILCS 5/31(c)(2) (2004)
.
WHEREFORE, the Complainant, PEOPLE OF THE STATE OF
ILLINOIS, by LISA MADIGAN, Attorney General of the State of
Illinois, requests relief from the requirement of a hearing
pursuant to 415 ILCS 5/31(c)(2) (2002)
.
Respectfully submitted,
BY
:
PEOPLE OF THE STATE OF ILLINOIS
LISA MADIGAN
Attorney General of the
State of Illinois
VEST
Assistant torney General
Environmental Bureau North
188 West Randolph St ., 20th Floor
Chicago, Illinois 60601
312-814-2087
3
REG
EOVED
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
JAN 2020`350
PEOPLE OF THE STATE OF ILLINOIS,
)
STATE OFIL
)
Pollution Contro
NU
ol Board
ard
Complainant,
)
v .
)
PCB No
.
oW36,
VILLAGE OF HAINESVILLE, an Illinois
) (Enforcement-Public
municipal corporation,
)
Water Supply)
Respondent
.
)
STIPULATION AND PROPOSAL FOR SETTLEMENT
Complainant, PEOPLE OF THE STATE OF ILLINOIS, by LISA
MADIGAN, Attorney General of the State of Illinois, the Illinois
Environmental Protection Agency ("Illinois EPA"), and the
VILLAGE OF HAINESVILLE ("Respondent"), have agreed to the making
of this Stipulation and Proposal for Settlement ("Stipulation")
and submit it to the Illinois Pollution Control Board ("Board")
for approval . The parties agree that the statement of facts
contained herein represents a fair summary of the evidence and
testimony which would be introduced by the parties if a hearing
were held. The parties further stipulate that this statement of
facts is made and agreed upon for purposes of settlement only
and that neither the fact that a party has entered into this
Stipulation, nor any of the facts stipulated herein, shall be
introduced into evidence in any other proceeding regarding the
claims asserted in the Complaint except as otherwise provided
1
herein
.
If the Board approves and enters this Stipulation,
Respondent agrees to be bound by the Stipulation and Board Order
and not to contest their validity in any subsequent proceeding
to implement or enforce their terms
.
I
.
JURISDICTION
The Board has jurisdiction of the subject matter herein and
of the parties consenting hereto pursuant to the Illinois
Environmental Protection Act
("Act"), 415 ILCS 5/1 et
seq
.
(2004)
.
II. AUTHORIZATION
The undersigned representatives for each party certify that
they are fully authorized by the party whom they represent to
enter into the terms and conditions of this Stipulation and to
legally bind them to it
.
III. STATEMENT OF FACTS
A .
Parties
1
.
On January 20, 2006, a Complaint was filed on behalf
of the People of the State of Illinois by Lisa Madigan, Attorney
General of the State of Illinois, on her own motion and upon the
request of the Illinois EPA, pursuant to Section 31 of the Act,
415 ILCS 5/31 (2004), against the Respondent
.
2
.
The Illinois EPA is an administrative agency of the
2
State of
Illinois,
created pursuant to Section
4 of the Act,
415
ILCS
5/4
(2004)
.
3
.
At all times relevant to the Complaint,
Respondent was
and
is an Illinois municipal corporation duly authorized and
operating under the
laws of the State of Illinois
.
B .
Site Description
1
.
At all times relevant
to the Complaint,
Respondent
owned and operated a public water supply
("PWS") facility
located in the Village of Hainesville, Lake County, Illinois
("site")
.
2
.
Respondent's PWS maintains two wells used for
obtaining raw water for its potable water distribution system
.
Raw water from both wells is chlorinated for disinfection,
fluoridated and stored in a 93,000 gallon ground storage tank,
from which finished water is pumped to the distribution system
and/or a 400,000 gallon elevated storage tank . Respondent's
Water Supply serves a population of approximately 793 people
.
C
.
Allegations of Non-Compliance
Complainant contends that the Respondent has violated the
following provisions of the Act and Board regulations
:
Count I
:
CONSTRUCTION WITHOUT A PERMIT, in violation of
Sections 15(a) and 18(a) of the Act, 415 ILCS
5/15(a) and 18(a) (2004), and 35 Ill . Adm . Code
602 .101 and 652 .101(a)
.
3
Count
II
:
THREATENING A CROSS CONNECTION, in violation of
D .
Non-Admission of Violations
The Respondent represents that it has entered into this
Stipulation for the purpose of settling and compromising
disputed claims without having to incur the expense of contested
litigation. By entering into this Stipulation and complying
with its terms, the Respondent does not affirmatively admit the
allegations of violation within the Complaint and referenced
within Section III .C herein, and this Stipulation shall not be
interpreted as including such admission
.
E .
Compliance Activities to Date
1
.
In November 2004, Respondent provided a distance of
between 12 and 24 inches between its finished water storage tank
overflow pipe and the ground .
2
.
On September 9, 2005, the Illinois EPA accepted
Respondent's as-built plans for the improvements at its PWS,
which were the basis of the Complaint filed in this matter
.
IV. APPLICABILITY
This Stipulation shall apply to and be binding upon the
Complainant and the Respondent, and any officer, trustee, agent,
or employee of the Respondent, as well as any successors or
4
Section 18(a) of the Act,
415 ILCS 5/18(a)
(2004), 35 Ill . Adm
.
Code 607 .104, and the
Recommended Standards for Water Works 7 .0 .6
.
assigns of the Respondent
.
The Respondent shall not raise as a
defense to any enforcement action taken pursuant to this
Stipulation the failure of any of its officers, trustees,
agents, employees or successors or assigns to take such action
as shall be required to comply with the provisions of this
Stipulation
.
V. COMPLIANCE WITH OTHER LAWS AND REGULATIONS
This Stipulation in no way affects the responsibilities of
the Respondent to comply with any other federal, state or local
laws or regulations including, but not limited to, the Act and
the Board regulations, 35 Ill . Adm. Code, Subtitles A through H
.
VI . IMPACT ON THE PUBLIC RESULTING FROM ALLEGED NON-COMPLIANCE
Section 33(c) of the Act, 415 ILCS 5/33(c)(2004), provides
as follows
:
In making its orders and determinations, the Board
shall take into consideration all the facts and
circumstances bearing upon the reasonableness of the
emissions, discharges, or deposits involved including,
but not limited to
:
1
.
the character and degree of injury to, or
interference with the protection of the health,
general welfare and physical property of the
people
;
2
.
the social and economic value of the pollution
source
;
3
.
the suitability or unsuitability of the pollution
source to the area in which it is located,
5
including the question of priority of location in
the area involved ;
4
.
the technical practicability and economic
reasonableness of reducing or eliminating the
emissions, discharges or deposits resulting from
such pollution source ; and
5
.
any subsequent compliance
.
In response to these factors, the parties state the
following
:
1
.
The impact to the public resulting from Respondent's
noncompliance was that the Illinois EPA and the public were not
privy to information that is important to ensuring the quality
of drinking water distributed to the public . Moreover, the
quality of the potable water delivered to the users of the
system could have been compromised .
2
.
There is social and economic benefit to the
Respondent's PWS facility
.
3
.
Operation of the Respondent's PWS facility was
suitable for the area in which it occurred
.
4
.
Obtaining a permit prior to construction at the site
and compliance with its terms is both technically practicable
and economically reasonable
.
5
.
Respondent has subsequently complied with the Act and
the Board Regulations .
6
VII . CONSIDERATION OF SECTION 42(h)
FACTORS
Section 42(h)
of the Act,
415
ILCS 5/42(h)(2004),
provides
as follows
:
In determining the appropriate civil penalty to be
imposed under
.
.
.
this Section, the Board is
authorized to consider any matters of record in
mitigation or aggravation of penalty, including but
not limited to the following factors
:
1
.
the duration and gravity of the violation
;
2
.
the presence or absence of due diligence on the
part of the respondent in attempting to comply
with requirements of this Act and regulations
thereunder or to secure relief therefrom as
provided by this Act
;
3
.
any economic benefits accrued by the respondent
because of delay in compliance with requirements,
in which case the economic benefits shall be
determined by the lowest cost alternative for
achieving compliance
;
4
the amount of monetary penalty which will serve
to deter further violations by the respondent and
to otherwise aid in enhancing voluntary
compliance with this Act by the respondent and
other persons similarly subject to the Act
;
5
.
the number, proximity in time, and gravity of
previously adjudicated violations of this Act by
the respondent ;
6
.
whether the respondent voluntarily self-
disclosed, in accordance with subsection i of
this Section, the non-compliance to the Agency
;
and
7
whether the respondent has agreed to undertake a
"supplemental environmental project," which means
an environmentally beneficial project that a
respondent agrees to undertake in settlement of
7
an enforcement action brought under this Act, but
which the respondent is not otherwise legally
required to perform .
In response to these factors, the parties state as follows
:
1
.
The Respondent failed to obtain a permit for
construction site activities prior to beginning construction
activities at the site, as well as its failure to maintain a gap
of between 12 and 24 inches between the end of its overflow pipe
on its 93,000 gallon ground storage tank and the ground itself
.
The overflow pipe violation began on or around June 1, 2004, and
was resolved in November 2004 . The construction permit
violation began on or around September 2001 and was resolved on
September 9, 2005 with the Illinois EPA's acceptance of the as-
built construction plans
.
2
.
Respondent allowed approximately three and a half
years to pass without submitting a construction permit
application to the Illinois EPA . From the time Respondent
received notice of the violation from the Illinois EPA, on
October 29, 2004, Respondent did not submit an as-built
construction permit application until March 23, 2005 . Respondent
was diligent in correcting the storage tank overflow pipe
problem. Once the Illinois EPA notified Respondent of its
noncompliance, it resolved the matter within thirty days
.
8
3
.
Respondent's economic benefit from noncompliance was
nominal, and the penalty obtained includes any economic benefit
received
.
4
.
Complainant has determined, based upon the specific
facts of this matter, that a penalty of Three Thousand Dollars
($3,000 .00) will serve to deter further violations and aid in
future voluntary compliance with the Act and Board regulations
.
5
.
To Complainant's knowledge, Respondent has no
previously adjudicated violations of the Act
.
6
.
Respondent did not meet the requirements of Section
42(h)(6) of the Act, 415 ILCS 5/42(h)(6) (2004)
.
7
.
The Respondent is not performing a supplemental
environmental project pursuant to Section 42(h)(7) of the Act,
415 ILCS 5/42(h)(7) (2004)
.
VIII
.
TERMS OF SETTLEMENT
A. Penalty Payment
1
.
The Respondent shall pay a civil penalty in the sum of
Three Thousand Dollars ($3,000 .00) within thirty (30) days from
the date the Board adopts and accepts this Stipulation . The
Respondent stipulates that payment has been tendered to
Respondent's attorney of record in this matter in a form
acceptable to that attorney. Further, Respondent stipulates
that said attorney has been directed to make the penalty payment
9
on behalf of Respondent, within thirty (30) days from the date
the Board adopts and accepts this Stipulation, in a manner
prescribed below . The penalty described in this Stipulation
shall be paid via a Village Of Hainesville check payable to the
Illinois EPA, designated to the Illinois Environmental
Protection Trust Fund and submitted to
:
Illinois Environmental Protection Agency
Fiscal Services Section
1021 North Grand Avenue East
P .O. Box 19276
Springfield, IL 62794-9276
The name and number of the case and Respondent's Federal
Employer Identification Number (FEIN), shall appear on the
check. A copy of the Village Of Hainesville check and any
transmittal letter shall be sent to
:
Stephen J. Sylvester
Assistant Attorney General
Environmental Bureau
188 W. Randolph St ., 20th Floor
Chicago, Illinois 60601
2
.
Pursuant to Section 42(g) of the Act, 415 ILCS 5/42(g)
(2004), interest shall accrue on any payment not paid within the
time period prescribed above at the maximum rate allowable under
Section 1003(a) of the Illinois Income Tax Act, 35 ILCS 5/1003
(2004) . Interest on any unpaid payment shall begin to accrue
from the date the payment is due and continue to accrue until
the date payment is received . When partial payment(s) are made,
10
such partial payment shall be first applied to any interest on
unpaid payment then due and owing . All interest on payment owed
shall be paid by certified check, money order or electronic
funds transfer, payable to the Illinois EPA, designated to the
Illinois Environmental Protection Trust Fund and delivered to
the address and in the manner described above
.
3
.
For purposes of payment and collection, Respondent may
be reached at the following address
:
Ted Mueller, Mayor
Village of Hainesville
100 N. Hainesville Road
Hainesville, Illinois 60030
Adam B . Simon, Village Attorney
Ancel, Glink, Diamond, Bush, DiCianni & Rolek
415 W. Washington Street, Suite 202
Waukegan, Illinois 60085
4
.
In the event of default of this Section VIII .A, the
Complainant shall be entitled to all available relief including,
but not limited to, reasonable costs of collection and
reasonable attorney's fees
.
B
.
Future Use
Notwithstanding any other language in this Stipulation to
the contrary, and in consideration of the mutual promises and
conditions contained in this Stipulation, including the Release
from Liability contained in Section VIII .D, below, the
Respondent hereby agrees that this Stipulation may be used
11
against
the Respondent
in any subsequent enforcement action or
permit proceeding as proof of a past adjudication of violation
of the Act and the Board Regulations promulgated thereunder for
all violations alleged in the Complaint in this matter, for
purposes of Section 39(a) and (i) and/or 42(h) of the Act, 415
ILCS 5/39(a) and(i) and/or 5/42(h)(2004) . Further, Respondent
agrees to waive any rights to contest, in any subsequent
enforcement action or permit proceeding, any allegations that
these alleged violations were adjudicated
.
C .
Cease and Desist
The Respondent shall cease and desist from future
violations of the Act and Board Regulations that were the
subject matter of the Complaint as outlined in Section III .C
("Allegations of Non-Compliance") of this Stipulation
.
D .
Release from Liability
In consideration of the Respondent's payment of the
$3,000 .00 penalty and any specified costs and accrued interest,
to Cease and Desist as contained in Section VIII .C and upon the
Pollution Control Board's acceptance and approval of the terms
of this Stipulation and Proposal for Settlement, the Complainant
releases, waives and discharges the Respondent, and any officer,
trustee, agent, or employee of the Respondent, as well as any
successors or assigns of the Respondent from any further
12
liability or penalties for violations of the Act and Board
Regulations that were the subject matter of the Complaint
herein. The release set forth above does not extend to any
matters other than those expressly specified in Complainant's
Complaint filed on January 20, 2006 . The Complainant reserves,
and this Stipulation is without prejudice to, all rights of the
State of Illinois against the Respondent with respect to all
other matters, including but not limited to, the following
:
a
.
criminal liability ;
b
.
liability for future violation of state, federal,
local, and common laws and/or regulations
;
c
liability for natural resources damage aris ng out of
the alleged violations; and
d
.
liability or claims based on the Respondent's failure
to satisfy the requirements of this Stipulation
.
Nothing in this Stipulation is intended as a waiver,
discharge, release, or covenant not to sue for any claim or
cause of action, administrative or judicial, civil or criminal,
past or future, in law or in equity, which the State of Illinois
or the Illinois EPA may have against any person, as defined by
Section 3 .315 of the Act, 415 ILCS 5/3 .315, or entity other than
the Respondent
.
13
E
.
Right of Entry
In addition to any other authority, the Illinois EPA, its
employees and representatives, and the Attorney General, her
agents and representatives, shall have the right of entry into
and upon the Respondent's facility which is the subject of this
Stipulation, at all reasonable times for the purposes of
carrying out inspections . In conducting such inspections, the
Illinois EPA, its employees and representatives, and the
Attorney General, her employees and representatives may take
photographs, samples, and collect information, as they deem
necessary
.
F
.
Enforcement of Board Order
1
.
Upon the entry of the Board's Order approving and
accepting this Stipulation and Proposal for Settlement, that
Order is a binding and enforceable order of the Illinois
Pollution Control Board and may be enforced as such through any
and all available means
.
2
.
Respondent agrees that notice of any subsequent
proceeding to enforce the Board Order approving and accepting
this Stipulation and Proposal for Settlement may be made by mail
and waives any requirement of statutory service of process
.
14
3
.
The parties agree that, if the Board does not approve
and accept this Stipulation and Proposal for Settlement, then
neither party is bound by the terms herein
.
4
.
It is the intent of the Complainant and Respondent
that the provisions of this Stipulation and Proposal for
Settlement and any Board Order accepting and approving such
shall be severable, and should any provision be declared by a
court of competent jurisdiction to be inconsistent with state or
federal law, and therefore unenforceable, the remaining clauses
shall remain in full force and effect
.
15
WHEREFORE,
Complainant and Respondent request that the
Board adopt and accept the foregoing Stipulation and Proposal
for Settlement as written
.
PEOPLE OF THE STATE OF ILLINOIS,
LISA MADIGAN
Attorney General
State of Illinois
MATTHEW J. DUNN, Chief
Environmental Enforcement/
Asbestos Litigation Division
BY
:
61
ROS
E C
AU
Ohi
Envi mental Bureau
Assistant Attorney General
ILLINOIS ENVIRONMENTAL PROTECTION
AGENCY
RO ERT
ME S A
Chief Legal Counsel
VILLAGE OF HAINESVILLE
BY
:
BY
:
Name
:
TED MUELLER
DATE :
Title: Mayor
ATTEST
:
Name
:
KATHY METZLER
Title
:
Village Clerk
16
DATE
:
a
C)'
)
DATE
:
IZIZj
IDS
WHEREFORE, Complainant and Respondent request that the
Board adopt and accept the foregoing Stipulation and Proposal
for Settlement as written
.
PEOPLE OF THE STATE OF ILLINOIS,
LISA MADIGAN
Attorney General
State of Illinois
MATTHEW J. DUNN, Chief
Environmental Enforcement/
Asbestos Litigation Division
BY
:
ROSEMARIE CAZEAU, Chief
DATE
:
Environmental Bureau
Assistant Attorney General
ILLINOIS ENVIRONMENTAL PROTECTION
AGENCY
BY
:
DATE
:
ROBERT A . MESSINA
Chief Legal Counsel
VILLAGE OF HAINESVILLE
BY
:
Name
:
TED M ELLER
DATE
:
`If(
D
6
Title : Mayor
KATHY METZLER
Village Clerk
1 6
CERTIFICATEOFSERVICE
It
is hereby certified that true and correct copies of the
Complaint,
Stipulation and Proposal
for Settlement,
Motion to
Request Relief from Hearing Requirement, and Notice of Filing
were sent by certified mail with return receipt requested to the
person listed on the Notice of Filing on January 20, 2006
.
BY
: C
cJ
STE
F
EN J
.
VES R
